Assembly Bill No. 446–Committee on Government Affairs

(On Behalf of Department of Personnel)

March 10, 1999

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Referred to Concurrent Committees on Government Affairs
and Ways and Means

 

SUMMARY—Repeals limitation on amount of unused sick leave employee in public service is entitled to carry forward from year to year. (BDR 23-234)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to the state personnel system; repealing the limitation on the amount of unused sick leave an employee in the public service is entitled to carry forward from year to year; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 284.355 is hereby amended to read as follows:

1-2 284.355 1. Except as otherwise provided in this section, all

1-3 employees in the public service, whether in the classified or unclassified

1-4 service, are entitled to sick and disability leave with pay of 1 1/4 working

1-5 days for each month of service, which may be cumulative from year to

1-6 year. [After an employee has accumulated 90 working days of sick leave,

1-7 the amount of additional unused sick leave which he is entitled to carry

1-8 forward from one year to the next is limited to one-half of the unused sick

1-9 leave accrued during that year, but the department may by regulation

1-10 provide for subsequent use of unused sick leave accrued but not carried

1-11 forward by reason of this limitation in cases where the employee is

1-12 suffering from a long-term or chronic illness and has used all sick leave

1-13 otherwise available to him.] Upon the retirement of an employee, his

1-14 termination through no fault of his own or his death while in public

1-15 employment, the employee or

2-1 his beneficiaries are entitled to payment for his unused sick leave in excess

2-2 of 30 days [, exclusive of any unused sick leave accrued but not carried

2-3 forward,] according to his number of years of public service, except

2-4 service with a political subdivision of the state, as follows:

2-5 (a) For 10 years of service or more but less than 15 years, not more than

2-6 $2,500.

2-7 (b) For 15 years of service or more but less than 20 years, not more than

2-8 $4,000.

2-9 (c) For 20 years of service or more but less than 25 years, not more than

2-10 $6,000.

2-11 (d) For 25 years of service or more, not more than $8,000.

2-12 The department may by regulation provide for additional sick and

2-13 disability leave for long-term employees and for prorated sick and

2-14 disability leave for part-time employees.

2-15 2. An employee entitled to payment for unused sick leave pursuant to

2-16 subsection 1 may elect to receive the payment in any one or more of the

2-17 following forms:

2-18 (a) A lump-sum payment.

2-19 (b) An advanced payment of the premiums for insurance coverage for

2-20 which he is otherwise eligible pursuant to chapter 287 of NRS. If the

2-21 insurance coverage is terminated and the money advanced for premiums

2-22 pursuant to this subsection exceeds the amount which is payable for

2-23 premiums for the period for which the former employee was actually

2-24 covered, the unused portion of the advanced payment must be paid

2-25 promptly to the former employee or, if he is deceased, to his beneficiary.

2-26 (c) The purchase of additional retirement credit, if he is otherwise

2-27 eligible pursuant to chapter 286 of NRS.

2-28 3. Officers and members of the faculty of the University and

2-29 Community College System of Nevada are entitled to sick and disability

2-30 leave as provided by the regulations adopted pursuant to subsection 2 of

2-31 NRS 284.345.

2-32 4. The department may by regulation provide policies concerning

2-33 employees with mental or emotional disorders which:

2-34 (a) Utilize a liberal approach to the granting of sick leave or leave

2-35 without pay when it is necessary for them to be absent for treatment or

2-36 temporary hospitalization.

2-37 (b) Provide for the retention of their jobs for reasonable periods of

2-38 absence, and where extended absence necessitates separation or retirement,

2-39 provide for their reemployment if at all possible after recovery.

2-40 (c) Protect employee benefits such as retirement, life insurance and

2-41 health benefits.

3-1 5. The director shall establish by regulation a schedule for the accrual

3-2 of sick leave for employees who regularly work more than 40 hours per

3-3 week or 80 hours biweekly. The schedule must provide for the accrual of

3-4 sick leave at the same rate proportionately as employees who work a 40-

3-5 hour week accrue sick leave.

3-6 6. The department may investigate any instance in which it believes

3-7 that an employee has taken sick or disability leave to which he was not

3-8 entitled. If, after notice to the employee and a hearing, the commission

3-9 determines that he has in fact taken sick or disability leave to which he was

3-10 not entitled, the commission may order the forfeiture of all or part of his

3-11 accrued sick leave.

3-12 Sec. 2. Any unused sick leave accrued by an employee who is in the

3-13 public service on July 1, 1999, that was not carried forward by the

3-14 employee because of the limitation set forth in NRS 284.355, but was

3-15 placed in a separate account pursuant to NAC 284.546, must be transferred

3-16 to the account of the employee on July 1, 1999.

3-17 Sec. 3. This act becomes effective on July 1, 1999.

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